The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1887-03-23
Judge cumm.n on License.

Tbs license question is already being ex-
teFsisely agitated in this county. although
applications to sell liquor will not be acted
upon till the May term Of Court The fol-
lowing opinion, delivered by Judge Hugh II.
Cummin. Of Lycoming county, has been AZ
tracing great deal of attention and is con
sidercd by lawyers to be sound exposition
Of the law governing the granting Of licenses,
Notwithstanding much has becn said
from time 10 time by courts ON the subject of
contested licenses, there still remain much
apprehension and haziness about the real
points at issue in such cases Courts ART
just as much bound to grant licenses in prop
er eases as they are TO refuse licenses in i'm
proper cases Courts DO not make the law .
their only function IS TO adniinisterif. What
are the questions involved in a contested IL
cense case? The applicant must, in the man
ner prescribed, present in his petition the
following facts First. that he is person of
good repute for honesty and temperance ;
second, that he has the accommodations re
quired BY law third, that his house is nee
essary 10 accommodate the public and to en-
+ tertain strangers and travellers.
The statute also provides that it shall be
T lawful for the court TO hear remonstrances
I against such applicant II Itiollows that such
I remonstrances must traverse all or some of
the facts alleged in the petition, and should,
in substance at least. set forth that the appli-
cant j. not a person OF good repute for hon
,-ty and temperance. or that the applicant
has not ttheaecommodations required by law.
or that the applicants house is not necessary
to accommodate the public and to entertain
strangers. Thus we discover that the ques-
lions 10 be determined are questions Of fact,
not questions Of political economy, not ques-
tions OF morality, not matters OF sentiment.
The points before stated are only ones that
can arise in the controversy and are the
only ones the court can pass upon. This Is
true not only from the manner Of the pro-
cedure, but because the statute of April Il,
1883. section l. decides that the several
courts Of quarter sessions empowered 10
grant licenses shall have and exercise such
discretion, and no other"
The point Of issue being thus clearly de
fined how shall the facts on which the
court Is 10 act be presented This i easily
answered as 10 the first and second points
because they are susceptible of positive
proof, bat how shall they be presented as TO
the third point-the necessity Of the house
just here il may be observed that on this
point the court is not called upon nor has it
authority. TO decide whether it is better that
such public house should or should not sell
intoxicating drinks The only question be
fore the court is whether such licensed
house Is necessary for the accommodation OF
the public. aud the entertainment of strangers
aud travellers.
When the application is for house not
before licensed, perhaps the only evidence Of
lis necessity Is to be found in the papers fl
cd having due regard to the number and
character of the petitioners and remonstranJs
such case, however should bot be deter
mined by merely counting the number of
petitioners and the number Of remonstrants,
and deciding in accordance with the prepou-
derance Of numbers That method would
clearly meet the important rule, viz the
character Of the signers. BY the word char
acter. a here used is not meant only the
moral or religious standing ofthe signers, bat
their probable knowledge of the subject on
which they speak and their abilities 10 form
an opinion thereon.
When persons sign q petition for or a re-
monstrance against a license touching a
point Of the necessity of the house. they say
10 the court, We know what public houses
are needed for the accommodation of the
public and the entertainment Of strangers
and travellers in our township, ward or Dor
ough and We have the ability to form and
express an opinion on that subject. On this
the signcrs have some knowledge of that sub
ject, and some ability to form an opinion.
Signatures to the petition or remonstrance
are therefore to be valued by their number,
by the character Of the signers. and having
regard to their knowledge of the subject and
their ability to form an opinion thereon
''The court has ordered that in all suspend
ei license applications the applicants must
file affidavits setting forth the number of
lodgings and meals furnished by them the
past year, holding that with such proof in
the case the question of the necessity of the
house would be Of easy solution. II Is in
ierred that houses which have not been 1at-
ronizei for lodgings and meals DO not come
under the requirements emitting applicants
10 licenses and will be- refused The items
of meals do not include free lunches, cheese,
crackers pretzels, etc, furnished with drinks
The court holds that general circumstances
are of no value and than only citizens Of the
township. ward or borough in which the
house is located should sign petitions or ~
mOnStranceS